Former Defense Minister Kim Yong-hyun, a key figure behind the martial law declaration on Dec. 3, ordered the special warfare military unit to ensure that no more than 150 lawmakers were present at the National Assembly, the unit’s former commander told lawmakers, Tuesday.

Lt. Gen. Kwak Jong-keun, former commander of the Army Special Warfare Command, testified at the Assembly session that he received the order from the former defense minister via a secure cellphone at the combat control room.

Kwak further explained that, since he was on loudspeaker, the former defense chief’s instructions were heard directly by his subordinates. These included guidance on how to enter the plenary hall, as well as instructions on using blank ammunition and tasers.

“It wasn’t my intention to issue these orders,” Kwak said. “The content of the instructions was simply broadcast via the phone’s loudspeaker function, which led to confusion among my subordinates.”

He added that after receiving the order, he and the field commanders both shared the common understanding that this was wrong.

“Despite knowing that it could constitute an act of disobedience, I took into account the safety of the public, the potential risks to the operation forces, and the legal consequences and ultimately decided to halt the operation to prevent further entry into the National Assembly,” he said.

Kwak is one of the former military commanders under investigation for his role in enforcing the martial law declaration. Along with Kwak, the parliamentary defense committee was attended by Army Chief of Staff Park An-su and other military officials, including Acting Defense Minister Kim Seon-ho.

Brig. Gen. Jeong Seong-woo, left, chief of the first division at the Defense Counterintelligence Command, speaks during a parliamentary session at the National Assembly in Seoul, Tuesday. Yonhap
Brig. Gen. Jeong Seong-woo, left, chief of the first division at the Defense Counterintelligence Command, speaks during a parliamentary session at the National Assembly in Seoul, Tuesday. Yonhap

Orders to secure election commission server, voter registration lists

Brig. Gen. Jeong Seong-woo, chief of the first division at the Defense Counterintelligence Command, also revealed that at the time of the emergency martial law declaration late on Tuesday evening, Defense Counterintelligence Command chief Lt. Gen. Yeo In-hyung had ordered him to either copy or remove the entire server containing voter registration lists at the National Election Commission of the Republic of Korea.

Legal officers of the counterintelligence command strongly opposed the copying and seizure of the election commission’s server. They reportedly refused to comply with the order, after careful review of the legality of such actions.

Army Maj. Gen. Moon Sang-ho, chief of the Defense Intelligence Command, also stated that former defense minister Kim Yong-hyun had issued orders regarding the deployment of troops to the election commission.

“I received the order around 10 to 11 a.m. on the day of the martial law declaration,” Moon said, detailing that the instruction was to organize and have one team stand by, as there might be a mission to carry out during the night.

“Afterward, I was instructed to get the team ready near the government complex in Gwacheon around 9 p.m.,” he said.

It has been reported that President Yoon Suk Yeol and the former defense minister believed there was widespread election fraud in the 2020 General Elections in South Korea. Part of their rationale behind the sudden martial law declaration, as explained by Kim himself, was to investigate whether such election fraud rumors were real by securing the election commission’s servers.

Meanwhile, former defense minister Kim decided not to attend a court hearing scheduled to review an arrest warrant for him on charges of treason and other offenses related to the investigation into Yoon’s failed martial law attempt.

A Seoul court was set to hold an arraignment hearing at 3 p.m. Tuesday to decide whether to issue the writ for Kim over his role in the short-lived martial law declaration by Yoon.

“I alone take full responsibility for this situation. I will waive (my right to attend) the hearing for the detention warrant,” Kim’s representative said Tuesday. “The soldiers under my command were merely carrying out my orders and fulfilling their assigned duties,” he asked for leniency for them.

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